TramwayProperties.com Terms of Service and Conditions of Use

These Terms of Use (“Terms”) apply to our websites, micro-sites, and mobile versions of these websites (“Sites”) that expressly adopt and display or link to these Terms and that are owned, operated or controlled by Tramway Properties, LLC or any of its Affiliates (collectively, “Tramway Properties”). We provide these Sites to you subject to these Terms. By visiting, registering with, or shopping at a Site with a link to these Terms, you agree to accept and be bound by these Terms, which can be modified from time to time, and our privacy policy on any of our sites. Please read them carefully.

COPYRIGHT: All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws. All customer logos are the property of the companies they represent. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.

TRADEMARKS: Tramway Properties retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.

LICENSE AND SITE ACCESS: We grant you a limited license to access and make personal use of this Site. No right, title or interest in our Materials is conveyed to you. You may not download (other than page caching) or modify this Site, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by Tramway Properties.

Special Notice: We have a no-tolerance policy regarding the use of our Marks or names in metatags and/or hidden text. Specifically, the use of our Marks or names in metatag keywords is trademark infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other “hidden text” utilizing our Marks or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Marks or other Materials with advertisements and/or other information not originating from our Site.

Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, Tramway Properties reserves the right to seek all remedies available by law and in equity. Tramway Properties retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that Tramway Properties will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

COMMENTS, COMMUNICATIONS AND OTHER CONTENT: This Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Tramway Properties does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.

By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license and right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.

In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Tramway Properties as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Site or otherwise by Tramway Properties, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Tramway Properties to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us for all claims resulting from your User Submission(s).

PROHIBITED USES OF THIS SITE: You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that:

(a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;

(b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer;

(c) contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities;

(d) contain chain letters, pyramid schemes, mass mailings or any form of “spam”;

(e) use a false email address, impersonates another person or entity, including Tramway Properties and its employees or agents, or is otherwise misleading as to the origin of the content;

(f) encourage conduct that would constitute a criminal offense;

(g) give rise to civil liability;

(h) otherwise violate any law; or

(i) in doing so, amounts to any conduct that, in the judgment of Tramway Properties, restricts, impairs, interferes or inhibits any other user from using or enjoying this Site and/or our related services and products.

NOTICE OF COPYRIGHT INFRINGEMENT: Tramway Properties does not permit copyright infringing activities on this Site and may remove any content of any kind, for example, if properly informed that the content infringes upon another’s copyright rights. Tramway Properties may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to this Site is determined to be a repeat infringer.

If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may notify Tramway Properties by providing the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Tramway Properties to locate the same;
4. Information reasonably sufficient to permit Tramway Properties to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

For claims of copyright infringement contact us by using the Contact Us page on this site.

By Phone: 1 (505) 979-7099

By Mail:

Tramway Properties, LLC

PO Box 21100

Albuquerque, NM 87154

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

LINKING: Links may be established from this Site to one or more external websites or resources operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide links to this Site. None of such links should be deemed to imply that Tramway Properties endorses the Third Party Sites or any content therein. Unless the link is to another Tramway Properties website, Tramway Properties does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Tramway Properties will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

APPLICABLE LAW: By visiting our Site, you agree that the laws of the State of New Mexico, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.

DISPUTES: Any dispute between you and Tramway Properties concerning this Site or the Materials located on this Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that Tramway Properties may commence action against you in a court of law for infringement of Tramway Properties’ intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in the City of New York, New York, United States of America, or such other place agreed to by the parties. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: WEBSITE: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF TRAMWAY PROPERTIES IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LEGAL NOTICE FOR NEW JERSEY RESIDENTS: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms shall not be applicable to New Jersey residents: (1) in the Disclaimer of Warranties and Limitation of Liability section, (a) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (2) in the Comments, Communications and Other Content section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms; and (3) in the Disputes section, (a) the provisions which limit the time within which claims against us must be brought, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.

OTHER TERMS AND CONDITIONS, SITE MODIFICATION AND SEVERABILITY: We may offer the opportunity to participate in sweepstakes, contests or other promotions through this Site. In addition to these Terms, the sweepstakes, contests or other promotions will be governed by terms and conditions specific to those sweepstakes, contests or promotions. If there is a conflict between these Terms and the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests or promotions will control.

We reserve the right to make changes to this Site, our policies and these Terms at any time in our sole discretion. The most current version of the Terms will supersede all previous versions and can be reviewed by clicking on the “Terms of Use” link located in the side navigation bar. Your use of the Site after changes are made to the Terms signifies your agreement to such changes.

If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY RESIDENTS section.

Effective as of: June 5, 2020